Woodburn High fire: 'It was a dumb thing to do,' says one of three teens sentenced

View full sizeBrent Wojahn/The OregonianStudents return to class Monday at Woodburn High School.

SALEM -- As his former classmates prepared for the start of Woodburn High School on Monday, Diego Rodriguez-Alvarez stood instead in a Marion County courtroom, his fingers clasped behind his back. His skinny arms remained pressed together as if he were already positioning them for the handcuffs that would come at the end of the hearing.

Briefly and with little emotion, the 15-year-old offered an apology to Circuit Judge Tracy Prall for igniting hand sanitizer on a desktop last May at the school -- a stunt inspired by a popular YouTube video. Unlike the video, however, the fire quickly grew out of control, raging for hours as crews from a dozen fire departments battled the blaze. The fire caused about $6 million in damage.

The apology -- and the sentiment that the act was stupid and unintentional -- was repeated by two other teens, Jose Campuzano-Zepeda, 16, and Miguel Garcia, 15, who also admitted involvement in the fire.

"I'm very sorry and I wish none of this had ever happened," Garcia said.

The judge said she recognized that the fire was not "an intentional 'let's-burn-down-the-school' event."

"It was stupid," Prall said, but it grew into something far larger that hurt not just those at the school but the entire community of Woodburn.

Accepting the county's recommendation, Prall ordered Rodriguez-Alvarez to immediately start four days of juvenile detention, both for his role as the fire-starter as well as for statements deflecting responsibility. The student had told police that he didn't know why a teacher didn't see what he was doing and that "she wasn't doing her job."

Teens sentenced for Woodburn High School arsonThree students apologized and were sentenced Monday for a May fire at Woodburn High School that caused an estimated $6 million in damage. Attorney John Tyner, who is representing Miguel Garcia, speaks about the sentencing.

Prall cautioned the two other teens to closely follow the terms of their probation -- or face eight days in detention if they don't.

All three also must pay restitution over time, although exactly how much has not been determined. The school and its insurance carrier are still assessing the damages, said Marion County Deputy District Attorney Kurt Miller, and prosecutors will meet with the teens' attorneys in the next several weeks. If they cannot reach an agreement, Prall will decide the matter.

The judge also sentenced the three to 40 hours of community service; to write a letter of apology to the community; to tour the high school to see the damage; to participate in a psychological evaluation; to obey a 4:30 p.m. to 7 a.m. curfew unless under supervision; and to help develop an education plan. The students have been expelled from Woodburn High School. In addition, they may not possess any lighters, matches, fireworks or other incendiary devices.

The sentences stemmed from a plea deal that called for treating the three as juveniles. Initially, the Marion County District Attorney's Office charged the students as adults with first-degree arson, a Measure 11 crime. If convicted, they faced a mandatory minimum sentence of 7 1/2 years.

The prosecutor defended the decision to charge the teens as adults, noting the seriousness of the fire. But after additional information and investigation, Miller said, prosecutors agreed to a deal that called for the three to plead guilty to first-degree attempted arson, a felony, and five counts of reckless endangerment, a misdemeanor.

The probation terms run for five years, although if the students complete the conditions of the sentences within three years, they can seek to have their felony conviction reduced to a misdemeanor.

Rodriguez-Alvarez's attorney, John Kolego, said after the hearing that his client's comments about his teacher were taken out of context. He wasn't acting maliciously, Kolego said, and the students were doing what teenagers often do -- "dumb things," he said.

Although the parents of all the teens attended the hearing, only Garcia's parents spoke.

Garcia's mother assured the judge that her son will "do better," as his father offered his own apology. "I hope," he told the judge, "this can make him stronger and better."